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as in the first section is provided, to convey such person to the county penitentiary situated in such judicial district, and deliver such person to the superintendent thereof, for which service such sheriff shall be

id the State Treasurer such fees as are allowed by law for con

veying convicts to the State prison. Superin- $ 3. The several superintendents of the said county penitentiaries* of peniten- are hereby required to make a return under oath on the thirte nth tiaries to day of September of each year to the Comptroller, in which they shall report.

fully set forth the name of each convict committed to their respective penitentiaries under or by virtue of this act, in what court convicted, before what presiding justice or judge, the offense for which sucià con

viction is had, the date of such conviction, and length of sentence, Comptroll- and date of the reception of such convict at said penitentiary. The and allow Comptroller shall thereupon audit and allow such penitentiary, for the

maintenance of such convicts, at a rate not exceeding one dollar and fifty cents per week for all the convicts imprisoned therein under and by virtue of this act, during the year preceding the said thirtieth day of September, and shall draw his warrant upon the Treasurer of the State in favor of the superintendent of said county penitentiary for the amount so audited and allowed, payable out of any money in the

treasury not otherwise appropriated. Laws ap

4. All laws applicable to persons convicted and imprisoned in plicable. State prisons, and not in conflict herewith, shall be applicable to per

sons convicted and imprisoned in county penitentiaries under this act.

8 5. This act shall take effect immediately.

cost of maintenance.

Lands on

be sold at

CHAP 57 AN ACT in relation to taxes on lands sold by the State, and to amend the Revised Statutes in relation thereto.

PASSED June 9, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever a sale of lands for taxes shall be held by the State has Comptroller, in pursuance of law, it shall be the duty of said Comptrollien not to ler to withdraw from such sale, all lots, pieces or parcels of land against tax sale. which the People of the State of New York then hold a bond or lien

for any part of the purchase-money thereof, or unpaid interest thereon, and to charge the amount of taxes, interest and expenses for which said lots, pieces or parcels were then liable to sale, as shown by the Comptroller's book of sales, against each of such lots, pieces or parcels of land, in the books in his office in which the accounts of school fund and other bonded lands are kept, and to furnish the State Treasurer with a statement of such amounts; and it shall be the duty of such State Treasurer, on the receipt of such statement, to charge the amounts thereon against the respective lots, pieces or parcels of land on which such amounts are due, on the duplicate bond books which

are kept in his office. How llen § 2. The holder of the certificate or contract of purchase of any lot, digcharged.

piece or parcel of land, against which such charges or amounts have been entered, or any other person, may relieve such lands from liability

So in the original.

in consequence of such charge, by paying to the State Treasurer, at any time within two years after the last day of the sale from which such lands were withdrawn, the amount of such charges, with interest thereon at the rate of ten per cent per annum.

$ 3. In case the payment provided for in section two of this act, In caso shall not be made, it shall be the duty of the Comptroller, at the expi- nall not ration of two years from the last day of the sale from which such lands be made. were withdrawn, to state an account of the indebtedness against each of such lots, pieces or parcels of land on account of the amount charged against such premises in pursuance of the first section of this act, with the addition of thirty-seven and one-half per cent thereto; and also the amount of principal and interest due on the bond or lien thereon, to the Commissioners of the Land Office, who may, thereupon, in case default shall be made in the payment of such bond, direct the Comptroller to put the same in suit, or shall direct the State Engineer and Surveyor to again sell the lands against which such indebtedness remains; and, in case of such sale, all previous payments made on account of such land shall be forfeited to the People of the State. But no conveyance of such premises shall be made to any purchaser until all the taxes and expenses aforesaid, charged against the same on such bond book, are paid into the State Treasury. $ 4. Section sixty of article three of title five of chapter nine of the Amending

1 R. S. 205, first part of the fifth edition of the Revised Statutes, is hereby amended $47, to read as follows:

$ 60. Whenever the State Engineer and Surveyor shall resell any lot of land bonded to the State, he shall include in the amount for which such lot is offered for sale, the sums due at the time of such sale for principal and interest on the purchase-moneys thereof, the amounts due on the books in the Comptroller's office for taxes, and the interest and charges thereon, and the costs of such sale; and in case the total amount of such charges shall not be bid therefor, he shall purchase the same for the State, at the amount so due.

$ 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. 8 6. This act shall take effect immediately.

NOTE. - Section four, in fact, amends $ 47 of 1 R. 8. 205.

1 Edm. 205.

CHAP 578. AN ACT to amend an act entitled “An act to regulate the size Barrels.

of apple, pear and potato barrels,” passed May twelfth, one thousand eight hundred and sixty-two.

PASSED June 9, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one, of chapter one hundred and seventy-eight, Amending of the laws of eighteen hundred and sixty-two, entitled "An act to Laws 1862, regulate the size of apple, pear and potato barrels,” is hereby amended 3 Edm. 671. 80 as to read as follows:

81. A barrel of apples, quinces, pears or potatoes shall represent a Barrel of quantity equal to one hundred quarts of grain or dry measure, and all apples,

quinces, persons buying or selling those articles in this state, by the barrel,

pears or

shall be understood as referring to the quantity specified in this acto potatoes. And any person or persons in this State who shall make, or cause to be Penalty

mado, barrels holding less than the quantity herein specified, knowing, for making or having reason to believe, that the same are to be used for the sale of barrels of apples, quinces, pears or potatoes; or who shall use barrels hereafter less size. made, for the sale of those articles, of a size less than the size

expressed in this act, shall be subject to a fine of five dollars for each and every offense, to be sued for and recovered by any person aggrieved thereby for the use of the poor of the town or county, as the case

§ 2. In any action arising for violations of the provisions of this act, the peace to bave any justice of the peace in the county where the violation of this act jurisdio

shall have been committed, shall have jurisdiction to try and determine

8 3. This act shall take effect on the first day of January, one thousand eight hundred and seventy-six.

may be.

Justice of

tion.

the same.

CHAP 574.

Insane.

ch. 446,

AN ACT to amend chapter four hundred and forty-six of the

laws of eighteen hundred and seventy four, entitled “An act to revise and consolidate the statutes of the State relating to the care and custody of the insane, the management of the asylumn for their treatment and safe-keeping, and the duties of the State commissioner in lunacy,” passed May twelfth, eighteen hundred and seventy-four.

PASSED June 9, 1875 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending SECTION 1. Section eighteen of article one of title first of an act en

titled “An act to revise and consolidate the statutes of the State Laws 1874, 9 Edm.921. relating to the care and custody of the insane, the management of the

asylum for their treatment and safe-keeping, and the duties of the State commissioner in lunacy,” passed May twelfth, eighteen hundred

and seventy-four, is hereby amended so as to read as follows: Powers of

§ 18. None of the foregoing provisions shall be deemed to restrain or courts not abridge the power and authority of the Supreme Court, the Superior abridged. Court and the Court of Common Pleas of the city and county of New

York, or the superior court of the city of Buffalo or the city court of Brooklyn or any county courts, concerning the safe-keeping of any lunatics or the charge of their persons or estates.

§ 2. Section twenty-two of article second of said title is hereby amended so as to read as follows:

8 22. The costs of any commission of lunacy appointed pursuant to Cost of

the provisions of this article shall be a charge upon the county in which the same shall have been executed; and the certificate of the court by which such commission shall have been appointed, shall constitute a legal voucher thereof in the hands of the county treasurer. Provided, nevertheless, that the costs of all commissions appointed by the Governor shall be defrayed from the fund appropriated for the continued expenses of the executive department.

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ery.

§ 3. Section twenty-five of article second of said title is hereby amended so as to read as follows:

$ 25. The penitentiary from which convict (if under sentence for a Expenses misdemeanor) shall have been transferred, shall be liable for the of care expenses of his care and maintenance during the time he shall remain tenanco. in said asylum, provided that he is removed therefrom before the expiration of his sentence. If he shall continue insane after the expiration of the time for which he was sentenced, then the county from which he was sent to said penitentiary shall pay his expenses, as hereinbefore provided in section twenty-two of this act.

§ 4. Section thirty-one of article second of said title is hereby amended so as to read as follows:

§ 31. Whenever any person accused of the crime of arson, murder Special or attempted murder, or highway robbery, shall have been acquitted apon trial upon the ground of insanity, the jury shall bring in a special verdict to that effect and so state it in their finding; and the court before whom such trial is bad shall order such person to be committed to some State lunatic asylum, there to remain for observation and care until such time as, in the judgment of a Justice of the Supreme Court, founded upon satisfactory evidence, it is safe, legal and right to discharge him.

§ 5. Section thirty-three of article second of said title is hereby amended so as to read as follows: $ 33. Whenever any

insane

person in confinement under indictment Superin-, for arson, murder, or attempt at murder, or highway robbery, or who tendent to has been acquitted thereof on the ground of insanity, and has been of recovcommitted to some State lunatic asylum, pursuant to the provisions of the preceding sections, shall be restored to his right mind, it shall be the duty of the superintendent of such asylum to give notice thereof to the State commissioner in lunacy, who shall thereupon inquire into the truth of such fact, and if the same shall be proved to his satisfaction, he shall so certify it under his official hand and seal to a Justice of the Supreme Court of the district in which such asylum is situated, who shall thereupon, and upon such other facts as may be proven before him, determine whether it is safe, legal and righť that such party in confinement as aforesaid should be discharged.

8 6. Section six of title second of said act is hereby amended so as to read as follows:

$ 6. Any idiot, lunatic or person of unsound mind, seized of any Sale of real estate, or entitled to any term for years in lands, may, by com- Amended. mittee duly appointed, apply to the Supreme Court or county court 1876, ch

267, post. for the sale or disposition of the same, in the manner hereinafter directed.

$ 7. Section twenty-three of title second of said act is hereby amended so as to read as follows:

$ 23. Whenever any idiot, lunatic or person of unsound mind shall Commitbe seized or possessed of any real estate by way of mortgage, or as a apply for trustee for others in any manner, his committee may apply to the authority Supreme Court or to the county court for authority to convey and real estate assure such real estate to any other person or persons entitled to such conveyance or assurance, in such manner as the said court shall direct, upon which a reference and the like proceedings shall be had, as in the case of an application to sell real estate as aforesaid, and the court, upon hearing all parties interested, may order such conveyance ur assurance to be made.

The sections amended by SS 6, 7, 8 and 9 of the above act were repealed by L. 1880, ch. 245; 8 6 was amended by L. 1876, ch. 267, post. See Co. Civ. Proc., ch. 17, tit. 7.

leases.

8 8. Section twenty-four of title second of said act is hereby

amended so as to read as follows: Commit 8 24. On the application of any person entitled to such conveyance tee may be compelled

or assurance by action or petition, the committee may be compelled by to convey. the Supreme Court or county court, on a hearing of all parties inter

ested, to execute such conveyance or assurance.

8 9. Section twenty-seven of title second of said act is hereby

amended so as to read as follows: Term of

$ 27. The real estate of any idiot, lunatic, or person of unsound mind, shall not be leased for more than five years, or mortgaged or aliened or disposed of otherwise than is herein before directed.

§ 10. Section eight of title third of said act is hereby amended so

as to read as follows: Official § 8. The superintendent, treasurer and steward of the asylum, oath.

before entering upon their respective duties, shall severally take the oath prescribed in the first section of the twelfth article of the Constitution of the State ; and such oath shall be filed with the clerk of the county of Oneida.

$ 11, Section seventeen of title three of said act is hereby amended

so as to read as follows: Treasurer § 17. Said treasurer is also authorized to recover for the use of the may . or moneys asylum, any and all sums which may be due upon any note or bond in due asy

his hands belonging to the asylum ; also any and all sums which may lum.

be charged and due according to the by-laws of the asylum, for the support of any patient therein, or for actual disbursements made in his behalf for necessary clothing and traveling expenses, in an action to be brought in said treasurer's name, as treasurer of the State lunatic asylum, and which shall not abate by his death or removal, against the individual town, city or county legally liable for the maintenance of said patient, and having neglected to pay the same when demanded by the treasurer; and judgment shall be rendered for such sum as shall be found due, with interest from the time of the demand made aforesaid. Said treasurer may also, upon receipt of the money due upon any mortgage in his hands belonging to the asylum, execute a release and acknowledge full satisfaction thereof, so that the same may be discharged of record.

$ 12. Section ten of title four of said act is hereby amended so as to

read as follows: Chronio § 10. The chronic pauper insane from the poor-houses of the coun

ties shall be sent to the said asylum by the county superintendents of the poor, except from those counties having asylums for the insane, to which they are now authorized to send such insane patients by special legislative enactments, or such counties as have been, or may hereafter be, exempted by the State Board of Charities. And all the chronic insane pauper patients who may be discharged not recovered from State lunatic asylums, and who continue a public charge, shall be sent to the asylum for the insane hereby created; and all such patients shall be a charge upon the respective counties from which they are sent.

$ 13. Title eight of said act is hereby amended so as to read as follows:

pauper insane.

TITLE VIII.

Btate asylum for insane criminals. Superintendent.

$ 1. The building erected at Auburn for an asylum shall be known and designated as the State Asylum for Insane Criminals, at Auburn.

§ 2. The State commissioner in lunacy shall appoint a medical superintendent for said asylum, who shall be a well-educated physician

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